§ 2-376. Application of this article.

(a)

Covered Employers. The persons and entities described below shall comply with the living wage standards established by this article if they employ more than five (5) employees:

(1)

The county, all its agencies, departments, and offices.

(2)

For-profit service contractors that receive service contract(s) totaling twenty-five thousand dollars ($25,000.00) or more from the county in a twelve-month period.

(3)

Subject to the provisions set forth in Section 2-376.5, nonprofit service contractors that receive service contract(s) totaling fifty thousand dollars ($50,000.00) or more from the county in a twelve-month period.

(4)

Nonprofit entities and businesses and other for-profit entities that receive more than one hundred thousand dollars ($100,000.00) in county economic development assistance, including loans or other cash assistance in any twelve-month period.

(5)

Subcontractors of any of the persons or entities described in subparagraphs (2) through (4), above, provided that: (i) the subcontractors' employees are engaged in county funded services and (ii) the subcontractors have fifty thousand dollars ($50,000.00) or more in annual gross receipts from all sources.

Notwithstanding any provision in this article to the contrary, no entity other than the county shall be deemed a covered employer until they receive a new service contract or county economic development assistance from or through the county after the effective date of this article, as more fully provided in Section 2-391 below.

(b)

Exemptions—Entities or Businesses. The requirements of this article shall not apply to the following entities or businesses:

(1)

Government agencies, including, without limitation, cities, other counties, and state agencies;

(2)

Service contractors, county economic development assistance recipients, and subcontractors with fewer than six (6) employees ;

(3)

Nonprofit organizations with fewer than twenty-five (25) employees;

(4)

Leaseholders leasing property from the county;

(5)

In-patient health and mental health providers, unless the county occupies seventy-five percent (75%) or more of their beds.

(c)

Exemptions—Employees. The requirements of this article shall not apply to the following employees:

(1)

An employee participating in a temporary job-training program approved by the county in which a significant component of the employee's training consists of acquiring specialized knowledge, abilities, skills, or job readiness.

(2)

An employee employed on a seasonal project which does not exceed six (6) months in duration.

(3)

An employee who is hired as an intern where the intern is receiving academic credit or other non-monetary job training benefits.

(4)

An employee who is a student while said employee is actively enrolled in school.

(5)

Volunteers, including part-time firefighters and part-time firefighters with EMT certification, part-time paramedics, and part-time emergency medical technicians, provided there is no replacement or displacement of existing firefighter positions or employees.

(6)

Participants in the Sonoma County Youth Ecology Corps program.

(7)

Participants in the county's prisoner work release program pursuant to the provisions of Article VII of this chapter.

(8)

Employees of service contractors engaged on county public works projects subject to the requirements of Division 2, Part 7, of the California Labor Code, or any successor statute, when said code requires compensation greater than that required by this article.

(9)

Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29 U.S.C. Section 201, or any successor statute. This exemption shall apply only during the time when the employee is actually standing by or on-call.

(10)

Any disabled employee who (i) is covered by a current sub-minimum wage certificate issued to the employer by the U.S. Department of Labor; or (ii) would be covered by such a certificate but for the fact that the employer is paying a wage equal to or higher than the minimum wage.

(11)

An employee for whom application of the requirements of this article is prohibited by state or federal law.

(12)

An employee subject to a bona fide collective bargaining agreement where the waiver of the provisions of this article are set forth in clear and unambiguous terms in such an agreement.

(d)

Waivers. Waivers may be requested by any covered employer or by the county administrator on his or her own volition.

(1)

Request from Covered Employer. Any covered employer which contends that it is unable to pay all or part of the living wage mandated by this article must submit a written request for a waiver to the county administrator or his or her designee who may recommend a waiver to the board of supervisors. The waiver request shall provide a detailed explanation of the covered employer's particular hardship and shall do all of the following:

a.

Set forth the reasons for the covered employer's inability to comply with the provisions of this article, including a complete cost accounting for the proposed work to be performed under a service contract or in connection with the economic development assistance sought, including wages and benefits to be paid all employees, as well as an itemization of the wage and benefits paid to the five (5) highest paid individuals employed by said covered employer.

b.

Demonstrate that the waiver will further the interests of the county in creating training positions which will enable employees to advance into permanent living wage jobs or better and will not be used to replace or displace existing positions or employees or to lower the wages of current employees.

(2)

Recommendation From County Administrator. In addition, the county administrator may independently recommend that the board of supervisors approve waivers, either with or without conditions, to any of the requirements and regulations set forth in this article where any of the following conditions exist:

a.

The services to be provided are available from a single source and meeting the requirements of this article would cause that source a demonstrated economic hardship; or

b.

The exception is necessary to provide emergency services essential to mitigate or prevent possible threats to public safety or public health for a limited period of time; or

c.

All bidders for the service to be provided would suffer demonstrated economic hardships complying with the requirements of this article and none of the bidders propose that they can comply with those requirements; or

d.

Any other circumstances that the board of supervisors finds advances the policy underlying the adoption of this article or to be in the public interest.

(3)

Findings. Waivers from the article are disfavored and will be granted only where the balance of competing interests weighs clearly in favor of granting the waiver. The board of supervisors may grant a waiver only upon a finding and determination that:

a.

The covered employer seeking the waiver has demonstrated economic hardship and the requested waiver will further the interests of the county in providing training positions which will enable employees to advance into permanent living wage jobs or better; or

b.

The covered employer has demonstrated that one (1) of the requisite conditions set forth in subparagraph (ii) of this subsection (d) exists to justify the grant of a waiver.

No waiver shall be granted if the effect of the waiver is to replace or displace existing positions or employees or to lower the wages of current employees.

( Ord. No. 6139, § II , 12-15-2015)